Today, the U.S. Supreme Court ruled in Trump v. Slaughter that President Trump could fire Federal Trade Commissioner Rebecca Kelly Slaughter without cause, striking down the FTC Act’s protections against at-will removal and overturning more than 90 years of precedent under Humphrey’s Executor v. United States.

Commissioner Slaughter was confirmed by the Senate twice, most recently in 2024, to serve a term that runs through September 2029. The president’s removal letter cited no inefficiency, neglect, or malfeasance. It cited only disagreement with her policy views. Public Knowledge filed an amicus curiae brief in the case, arguing that the termination of Commissioner Slaughter violates both the statute that created the FTC and clear Supreme Court precedent in Humphrey’s Executor v. United States (1935).

John Bergmayer, Legal Director at Public Knowledge, states

“For more than 90 years, Congress and presidents of both parties have relied on the rule this Court explained in Humphrey’s Executor, and which it now throws out.

“The Federal Trade Commission, the Securities and Exchange Commission, the National Labor Relations Board, the Federal Communications Commission, the Federal Reserve, and other agencies are multi-member, independent commissions designed to be insulated from day-to-day politics. Many of them are required by law to have bipartisan representation. Part of their independence is that Commissioners can only be removed ‘for cause,’ but not for simple policy or political differences.

“This Court has now decided that it knows better, applying the logic of a theory called the ‘unitary executive’ that holds that the president, who is charged by the Constitution to ‘take Care that the Laws be faithfully executed,’ cannot himself be bound by laws that in any way constrain his power (except for an ad hoc carveout for the Federal Reserve).

“This is dangerous for democracy. The immediate cost is most apparent with the FTC. People depend on the FTC to police mergers, stop deceptive practices, and protect privacy. A commissioner who serves at the president’s pleasure will think twice before voting to investigate a politically connected company. Policies may undergo much more rapid shifts from one administration to the next, and an agency once seen as an impartial check on corporate power will be seen as just another political actor. 

“Ultimately, the people through their elected representatives have the ultimate authority to structure the government to preserve accountability and prevent concentrations of unaccountable power. Congress retains tools to respond, and it should use them.”

You may view the brief for more information. You may view our recent article, “No One Wins Under the Unitary Executive Theory,” to learn how the flawed and controversial “unitary executive theory” could have serious consequences for the shape of our democracy – even for those that support it. You may also view this full release.

Public Knowledge is a Washington D.C.- based public interest group working to defend consumer rights in the emerging digital culture. More information is available at http://www.publicknowledge.org